B-133569, NOV. 21, 1957

B-133569: Nov 21, 1957

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WAS REQUIRED TO REPAY THE AMOUNT OF THE UNLIQUIDATED ADVANCED SICK LEAVE UNDER THE PROVISIONS OF SECTION 30.206 OF THE ANNUAL AND SICK LEAVE REGULATIONS. WE ASKED YOU WHETHER THE PROVISIONS OF SECTION 30.204 OF THE FOREGOING REGULATIONS HAVE ANY APPLICATION TO SUCH CASE. THAT "THEREFUND BY AN EMPLOYEE OF THE VALUE OF UNEARNED ADVANCED LEAVE CAN HAVE NO EFFECT OTHER THAN TO PLACE THE EMPLOYEE IN A LEAVE WITHOUT PAY STATUS ON THE DAYS IN QUESTION.'. WHILE THAT DECISION CONCERNED THE GRANTING OF A PERIODIC STEP INCREASE WE BELIEVE THE PRINCIPLE APPLIES EQUALLY TO THE CASE WE HAVE UNDER CONSIDERATION. IT FOLLOWS THAT THE ADMINISTRATIVE ACTION IN THIS CASE IN APPLYING THE PROVISIONS OF SECTION 30.204 WAS PROPER.

B-133569, NOV. 21, 1957

TO HONORABLE HARRIS ELLSWORTH, CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION:

ON OCTOBER 14, 1957, WE ADVISED YOU THAT WE HAD BEFORE US FOR CONSIDERATION A CASE INVOLVING A FORMER CIVILIAN EMPLOYEE WHO, UPON SEPARATION, WAS REQUIRED TO REPAY THE AMOUNT OF THE UNLIQUIDATED ADVANCED SICK LEAVE UNDER THE PROVISIONS OF SECTION 30.206 OF THE ANNUAL AND SICK LEAVE REGULATIONS. WE ASKED YOU WHETHER THE PROVISIONS OF SECTION 30.204 OF THE FOREGOING REGULATIONS HAVE ANY APPLICATION TO SUCH CASE.

YOUR REPLY DATED NOVEMBER 4, 1957, HAS BEEN RECEIVED AND WE UNDERSTAND THAT THE DETERMINATION THEREIN CONCERNING SECTION 30.204 AS HAVING NO APPLICATION TO REFUNDS FOR ADVANCED LEAVE UNDER SECTION 30.206 RELATES SOLELY TO THE MATTER OF "INTENT.' YOU CITE OUR DECISIONS 16 COMP. GEN. 487, ID. 649, ID. 769, BUT WE DO NOT FIND THAT THOSE DECISIONS SPECIFICALLY CONSIDERED THE QUESTION OF THE REDUCTION OF THE LEAVE ACCRUALS BECAUSE OF PERIODS OF LEAVE WITHOUT PAY. HOWEVER, IN OUR DECISION 29 COMP. GEN. 76, 78, WE HELD, IN PERTINENT PART, THAT "THEREFUND BY AN EMPLOYEE OF THE VALUE OF UNEARNED ADVANCED LEAVE CAN HAVE NO EFFECT OTHER THAN TO PLACE THE EMPLOYEE IN A LEAVE WITHOUT PAY STATUS ON THE DAYS IN QUESTION.' WHILE THAT DECISION CONCERNED THE GRANTING OF A PERIODIC STEP INCREASE WE BELIEVE THE PRINCIPLE APPLIES EQUALLY TO THE CASE WE HAVE UNDER CONSIDERATION. THEREFORE, WE MUST CONCLUDE THAT UPON REPAYMENT FOR THE PERIOD OF UNLIQUIDATED ADVANCED SICK LEAVE HERE INVOLVED THE PERIOD REPRESENTED THEREBY BECAME LEAVE WITHOUT PAY. IT FOLLOWS THAT THE ADMINISTRATIVE ACTION IN THIS CASE IN APPLYING THE PROVISIONS OF SECTION 30.204 WAS PROPER.

IN LINE WITH OUR VIEW JUST STATED WE HAVE INSTRUCTED OUR CLAIMS DIVISION TO DISALLOW THE CLAIM FOR THE VALUE OF THE LEAVE ACCRUALS FOR THE LEAVE WITHOUT PAY PERIOD AS REQUIRED UNDER SECTION 30.204 OF THE LEAVE REGULATIONS.

THIS MATTER IS BEING DIRECTED TO YOUR ATTENTION IN THE EVENT YOU CONSIDER IT NECESSARY TO CLARIFY YOUR REGULATIONS.